The reform of the judicial system (the Basic Judiciary Law) was approved in the first reading.
February 21, 2023 (Knesset Channel)
A new compromise outline for the legal reform was presented this evening (Tuesday) to Justice Minister Yariv Levin, who claimed that "it has good directions", and he will examine it.
The outline, revealed on News 12, is signed by Maj. Gen. Giora Island, Professors Daniel Friedman, Yuval Albashan, and Dr. Giora Yaron. On behalf
of the Minister of Justice, Vala was informed that "this is the first outline that comes out of the box, it has good directions and will be examined by the Minister of Justice ".
The most interesting thing in the outline is the change in the composition of the committee for the selection of judges, the issue that is considered the most explosive and also the most important in the eyes of Minister of Justice Yariv Levin, so much so that any compromise on this issue is considered a "deal breaker" on the part of the minister.
"There are good directions in the plan."
Levin (Photo: Reuven Castro)
In the outline there are two alternatives for choosing judges.
In the first alternative, the committee for selecting judges will consist of 11 members: the Minister of Justice and two other ministers, the chairman of the Constitution, Law and Justice Committee, two Knesset members to be elected by the coalition, two MKs to be elected by the opposition, the supreme president and two judges Others to be chosen by the members of the Supreme Court judges.
Selection of a judge to the Supreme Court will be done by a majority of eight members of the committee.
So, in fact, the coalition has six members on the committee and the opposition has two members.
In this alternative, in order to appoint judges to the Supreme Court, the coalition will have to compromise either with the opposition or with the judges who are members of the committee, so that a certain balance is maintained.
However, in the second alternative, the committee for the appointment of judges will include 12 members in the following composition: four members from the coalition, four members from the opposition and four judges.
As for the appointments in the Supreme Court, the judges in the Supreme Court will not have the power to vote, but rather observe and participate in the discussions, with the exception of the President, who has one veto right per term.
In this proposal, the supreme judges cannot at all vote and choose judges for the court, and because of this, the chances of this alternative being accepted by the judges are slim.
At the same time, and in order to soften the opposition's opposition, the appointments to the Supreme Court will be made according to the "Noah Box" method, that is: each time two are appointed when the coalition chooses one appointment and the opposition chooses one appointment.
Sources familiar with the details with whom we spoke were able to tell that this is a proposal that can get Israel out of the crisis and that now everything depends on the public atmosphere that will be created around this proposal.
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The rest of the things that the outline deals with are the enactment of basic laws, which will be done by a majority of 61 MKs and in four readings in the legislative Knesset, and this will come after it and the High Court will not be able to invalidate basic laws.
As far as ordinary laws are concerned, the High Court of Justice can only invalidate them with a three-quarters majority of the full composition of its judges. However, a superseding clause will be enacted with a majority of 65 MKs.
In relation to the status of legal advisors, these will remain in positions that are not positions of trust and their opinion will bind the government, but nevertheless the government and its subordinates are entitled to legal representation in any petition or lawsuit filed against them that concerns their position, and do not need the authorization of the legal advisor for this.
In the event that the legal advisor refuses to represent their position as it is, the representation will be made by another attorney in the civil service who is ready for this or by a private attorney.
The reason for reasonableness has also been "softened" and will not be used to disqualify appointments in the government and the Knesset, as well as appointments approved by the Knesset.
Animals (Photo: Shlomi Gabai)
The headquarters of the Robes Struggle, which is launching a new campaign, said: "We will not allow politicians to trample on Israeli democracy. While in the Knesset people are warming their seats, we will work to save democracy and the judicial system. We will take to the streets until the country shakes. Only in this way can we change, because the politicians choose the judges, every trial Addict. Substantial changes must be made in the president's outline and first and foremost - the selection of judges in a balanced manner."
The authority for judicial review of legislation and, in the necessary cases, fundamental legislation as well, must not be infringed upon.
The public service must remain professional and non-political.
Likewise, culture, science, academia and the media must remain free and protected from political interference and takeover."
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